Shake it on… Did Taylor Swift rip off the chorus of Shake it off? Lawsuit back on


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By Gene Maddaus / Variety

A federal appeals court has revived a lawsuit claiming that Taylor Swift ripped off the chorus of her hit song, “Shake It Off.”

The district judge dismissed the suit in February 2018, finding insufficient similarity between the song and the 2001 composition, “Playas Gon’ Play.” Judge Michael Fitzgerald held that the songwriters of the earlier work, Sean Hall and Nathan Butler, did not display sufficient creativity in combining the phrases “playas gonna play” and “haters gonna hate.”

“By 2001, American popular culture was heavily steeped in the concepts of players, haters, and player haters,” Fitzgerald wrote at the time. “The concept of actors acting in accordance with their essential nature is not at all creative; it is banal.”

Superstar songwriters have found themselves on the losing end of a series of such lawsuits, including the “Blurred Lines” and “Dark Horse” cases, so Swift’s victory in this case was notable.

However, a federal appeals court reversed the ruling on Monday, finding that the claim should be left for a jury to decide.

“Originality, as we have long recognized, is normally a question of fact,” held the three-judge panel of John Owens, Andrew Hurwitz and Kenneth Lee. But substituting his own judgment on the originality of the work at issue, the district court “constituted itself as the final judge of the worth of an expressive work,” the appellate panel held.

The case was remanded for further proceedings at the district court. Swift’s attorneys are expected to seek dismissal on alternate grounds.

Published by CityFella

Big city fella, Born and Raised in the San Francisco Bay Area. Lived in New York (a part time New Yorker) for three years . I have lived in the Sacramento area since 1993. When I first moved here, I hated it. Initially found the city too conservative for my tastes. A great place to raise children however too few options for adults . The city has grown up, there is much to do here. The city suffers from low self esteem in my opinion, locals have few positive words to say about their hometown. visitors and transplants are amazed at what they find here. From, the grand old homes in Alkali Flats, and the huge trees in midtown, there are many surprises in Sacramento. Theater is alive is this area . And finally ,there is a nightlife... In.downtown midtown, for the young and not so young. My Criticism is with local government. There is a shortage of visionaries in city hall. Sacramento has long relied on the state, feds and real estate for revenue. Like many cities in America,Downtown Sacramento was the hub of activity in the area. as the population moved to the suburbs and retail followed. The city has spent millions to revive downtown. Today less than ten thousand people live downtown. No one at city hall could connect the dots. Population-Retail. Business says Sacramento is challenging and many corporations have chosen to set up operations outside the cities limits. There is vision in the burbs. Sacramento has bones, there are many good pieces here, leaders seem unable or unwilling to put those pieces together into. Rant aside, I love it here. From the trees to the rivers. But its the people here that move me. Sacramento is one of the most integrated cities in America. I find I'm welcome everywhere. The spices work in this city of nearly 500,000 and for the most part these spices blend well together. From Ukrainians to Hispanics and a sizable gay community, all the spices seem to work well here. I frequently travel and occasionally I will venture into a city with huge racial borders, where its unsafe to visit after certain hours. I haven't found it here. I cant imagine living in a community where there is one hue or one spice. I love the big trees, Temple Coffee House, the Alhambra Safeway, Zelda's Pizza, Bicyclist in Midtown, The Mother Lode Saloon, Crest Theater, and the Rivers. I could go on and I might. Sacramento is home.

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